What condition must be fulfilled by a person born outside India after December 3, 2004, to be considered an Indian citizen by descent?
- AOption (a)
Both parents must be Indian citizens.
- BOption (b)
They must reside in India for at least 5 years.
- COption (c)
They must renounce any other nationality.
- DOption (d)
They must reside in India for 10 years.
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Correct answer
They must renounce any other nationality.
Why this answer is correct
The correct answer is They must renounce any other nationality.
Key Points
- Indian citizenship is governed by the Citizenship Act, 1955, which provides various ways to acquire citizenship, including by birth, descent, registration, and naturalization.
- For persons born outside India on or after December 3, 2004, the rules for citizenship by descent were made more stringent by the Citizenship (Amendment) Act, 2003.
- Under this amendment, a person born outside the country shall not be an Indian citizen unless their birth is registered at an Indian Consulate within one year of the date of birth.
- Furthermore, the parents of such a minor must provide a declaration that the child does not hold the passport of another country. This essentially means they must not hold (or must effectively renounce) any other nationality to claim Indian citizenship.
- The Central Government may, however, allow registration after the expiry of the one year period if the parents can show sufficient cause for the delay.
Additional Information
- Constitutional Provisions: Articles 5 to 11 of Part II of the Constitution of India deal with citizenship. However, these articles only identified persons who became citizens at the commencement of the Constitution on January 26, 1950.
- Citizenship by Birth:
- A person born in India on or after January 26, 1950, but before July 1, 1987, is a citizen by birth regardless of the nationality of their parents.
- From July 1, 1987, to December 2, 2004, a person is a citizen only if at least one parent was an Indian citizen at the time of birth.
- After December 3, 2004, a person born in India is a citizen only if both parents are Indian citizens or one is a citizen and the other is not an illegal migrant.
- Citizenship by Registration: The Central Government may register any person (not being an illegal migrant) as a citizen if they belong to categories such as Persons of Indian Origin (PIO) who have been ordinarily resident in India for 7 years.
- Citizenship by Naturalization: A foreigner can acquire Indian citizenship by naturalization if they have resided in India for 12 years (specifically 11 years in the preceding 14 years plus the 12 months immediately preceding the application).
- Single Citizenship: Unlike federal systems like the USA, the Indian Constitution provides for single citizenship, meaning there is no separate state citizenship.
Important Points
- The Ministry of Home Affairs is the nodal organisation responsible for matters related to citizenship in India.
- The Parliament derives its power to legislate on citizenship from Article 11 of the Constitution.
- Loss of Citizenship: The Citizenship Act, 1955 also prescribes three ways of losing citizenship: Renunciation (voluntary), Termination (when another country's citizenship is acquired), and Deprivation (compulsory termination by the government based on fraud or disloyalty).
- The concept of Overseas Citizenship of India (OCI) was introduced to provide certain rights to the Indian diaspora, but it does not equate to dual citizenship as OCI holders do not have voting rights or the right to hold constitutional posts.



